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#Post#: 4977--------------------------------------------------
PCN Code 622- Parking on footpath
DIR By: londondriver11
Date: September 12, 2023, 3:08 am
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Hi all,
I've recently received a PCN for an code 622 in Havering and was
seeking advise if there is possibility of an appeal as is for 1
min. (18:23 to 18:23)
I wanted to park the car on the road and went into the
restaurant to ask if I can park in front of their door, my son
was still sitting in the car and in the mean time the
enforcement officer came in and started preparing the ticket. I
told him that I am looking to park however he wouldn't listen ,
I just got in the car and parked where I wanted to as opposed to
driving away as stated in the ticket and received the council
ticket over post.
I have moved address since the date of the contravention and
dates are as follows.
1. Date of Contravention - 16/09/2022
2. Date I moved 20/10/2022 - Still have access to old property
until 25-Jan-2023
3. As per council Notice of rejection was sent on 28 November
2022.
4. Date on V5 for change of address 29-Nov-2022.
5. Charge certificate received at original address ~10-Jan which
I have a copy as had access to the old address and it was empty.
I have now received the order of recovery on 8-Sep-2023.
CAR Reg: HN61 LAE
PCN number is HG81262837
I will post the original appeal and pictures on a different
post.
#Post#: 4982--------------------------------------------------
Re: PCN Code 622- Parking on footpath
DIR By: Pastmybest
Date: September 12, 2023, 3:45 am
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you need to post the PCN both sides,get and post all council
photos and also post a GSV of the location
#Post#: 4986--------------------------------------------------
Re: PCN Code 622- Parking on footpath
DIR By: H C Andersen
Date: September 12, 2023, 4:19 am
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I have now received the order of recovery on 8-Sep-2023.
Is is addressed to you at your current DVLA address or to you at
your old address to which you only had access until 25 Jan.
2023?
If your new address, how was this obtained by the council?
On the basis of your timeline, the PCN/NTO, CC and OfR addresses
must be the same unless you(the addressee on the NTO) have
notified the council to the contrary.
#Post#: 4996--------------------------------------------------
Re: PCN Code 622- Parking on footpath
DIR By: londondriver11
Date: September 12, 2023, 6:07 am
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HTML https://ibb.co/dKpdh2n
HTML https://ibb.co/KqZyPkt
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Location :
HTML https://goo.gl/maps/hD4cLTxXTXaVPvJn8
Dear Sir/Madam,
Subject PCN HG81262837, Car Reg HN61LAE
I was visiting the restaurant Delhi live on Victoria road on
Friday 16/09/2022 and received the above PCN.I wished to park
outside the restaurant Delhi Live and the limited parking would
have partially blocked the restaurant's entrance. I parked the
car in-front of the restaurant with my son still sitting inside
the car and went inside the restaurant to ask if it was ok to
park the car in front of their door. In the mean time the
enforcement officer came and started preparing the ticket, I
came out and told him that I am looking to park at the same
place however he wouldn't listen and suggested that I should pay
now or it would be a full fine later via post.
I then sat in the car and parked in the space outside the
restaurant as opposed to being driven away which is being
suggested in the PCN, please see picture attached with time of 2
mins past the time marked in the PCN.
Additionally the PCN fails to inform me of my correct legal
position, in that it misstates the period in which I may pay the
penalty. It says >
"The penalty charge must be paid not later then the last day of
the period of 28 days beginning with the date of this penalty
charge notice"
The correct period is defined by S.I. 2022/71 Sch 2 para 3 as >
(d)that the penalty charge must be paid within the period of 28
days beginning with the date on which the penalty charge notice
is served,
The PCN is further flawed where it refers to payment of the
discounted amount.
It states >
"If the penalty charge is paid not later than the period of 21
days beginning with the date of this notice the penalty charge
will be reduced by 50%"
The correct period in law is stated as >
In Sch 2 para 3
(e)that if the penalty charge is paid no later than the
applicable date, the penalty charge will be reduced by the
amount of any applicable discount,
The applicable date is defined in section 2 of the main body of
the act as >
(b)in the case of any other notice, the last day of the period
of 14 days beginning with the date on which the notice is
served;
Considering the circumstances and that the PCN contains such
gross errors it is invalid and cannot be enforced. I request you
to cancel the PCN at the earliest.
Regards
#Post#: 4998--------------------------------------------------
Re: PCN Code 622- Parking on footpath
DIR By: londondriver11
Date: September 12, 2023, 6:10 am
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"Is is addressed to you at your current DVLA address or to you
at your old address to which you only had access until 25 Jan.
2023?
If your new address, how was this obtained by the council?
On the basis of your timeline, the PCN/NTO, CC and OfR addresses
must be the same unless you(the addressee on the NTO) have
notified the council to the contrary."
- As per the previous thread on pepipoo I had contacted the
council to ask about the status of the representation and at
that time itself communicated them the updated address.
#Post#: 5035--------------------------------------------------
Re: PCN Code 622- Parking on footpath
DIR By: ivanleo
Date: September 12, 2023, 6:20 pm
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At this stage all you need to do is file a witness statement
with TEC on the ground that you made a representation and did
not receive a response, you can email it to them, their address
is tec@justice.gov.uk (put the PCN number in the subject line).
If you want to fill in the form electronically you can download
form TE9 here
HTML https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094509/TE9.pdf<br
/>(they will accept a typed signature).
I also suggest you re-post the PCN and the charge certificate on
here.
#Post#: 5071--------------------------------------------------
Re: PCN Code 622- Parking on footpath
DIR By: H C Andersen
Date: September 13, 2023, 11:34 am
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If you submit a WS this would be accepted by TEC.
But not necessarily by the adjudicator(to whom the authority
must refer the matter) who if prompted by the authority may
direct you to explain the circumstances surrounding why you did
not receive the NOR.
Date I moved 20/10/2022 - Still have access to old property
until 25-Jan-2023
3. As per council Notice of rejection was sent on 28 November
2022.
IMO, the NOR would be presumed delivered and as you had access
to the property at the time then you received it.
You posted: As per the previous thread on pepipoo I had
contacted the council to ask about the status of the
representation and at that time itself communicated them the
updated address.
So, when did you tell them (date) and how (method) and your
evidence pl.
Pl don't fudge the issue of receiving. If you only visited the
property infrequently and did find the NOR, albeit after the
28-day period had expired then we should know, it's not the end
of the world.
#Post#: 5099--------------------------------------------------
Re: PCN Code 622- Parking on footpath
DIR By: londondriver11
Date: September 14, 2023, 1:23 am
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Hi,
I was visting the property weekly as it was empty and we were
still moving and as mentioned I did receive the charge
certificate but never received the NOR. I contacted the council
on 10th Jan after I had received the charge certificate to ask
about the status of the appeal as assumed they might have missed
it, only then did I get an electronic copy of the letter that
they said had been sent out. As per suggestion from the group I
provided them the V5 to update the address.
If you think that there isn't much we can progress with here
then please let me know and I will pay the fine, I was hoping
that considering that I had not received the NOR then would be
allowed to pay the reduced fine of 60£.
I'll scan and upload the pcn and charge certificate tonight.
Thanks
Puneet
#Post#: 5106--------------------------------------------------
Re: PCN Code 622- Parking on footpath
DIR By: fraser.mitchell
Date: September 14, 2023, 3:29 am
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Based on your last narrative about collecting mail every week,
submission of a WS to TEC would be in order. Essentially, the
NOR did not arrive at the unoccupied old address to which you
had access, yet the CC did.
#Post#: 5160--------------------------------------------------
Re: PCN Code 622- Parking on footpath
DIR By: H C Andersen
Date: September 14, 2023, 12:10 pm
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+1.
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